Ordinance 18-04

This ordinance amends the Unified Development Ordinance, Title 20 to change the fence height regulations for properties with more than one street frontage. The current regulation was added to the UDO in 2006 to prevent tall privacy fences adjacent to sidewalks and to prohibit tall fences from blocking views to front doors and enhancing the public realm along street-facing frontages. However, this is a common variance request and an enforcement dilemma for the Planning and Transportation Department (“Department”). Therefore, the Department proposes the changes to clarify said regulations. Note: On March 21, 2018, the Council adopted the following amendment to this ordinance: - Am 01 - which changed (d)(2)(A) and (d)(3)(A) to clarify where fences that may not exceed four feet in height must be located; and Note: On April 18, 2018, after defeat of Am 02 on March 21, 2018, the Council adopted the following amendment to this ordinance: - Am 2a - which added (d)(2)(D) (and re-lettered the existing (d)(2)(D) accordingly) and added (d)(3)(D) to require the portion of fences located between the build to line/setback line and the secondary front building wall, which exceed 5-feet in height, be made of open construction and of materials widely accepted in the fence industry. Pursuant to IC 36-7-4-607(e), the ordinance as amended must be returned to the Plan Commission with a statement of reasons for the amendments for its consideration before this ordinance may go into effect.